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PEOPLE v. OVERTON

51 Misc.2d 140 (1966)

The People of the State of New York, Respondent, v. Carlos Overton, Appellant.

Supreme Court, Appellate Term, Second Department.

May 18, 1966

Attorney(s) appearing for the Case

David C. Gilberg for appellant. Leonard Rubenfeld, District Attorney (B. Anthony Morosco of counsel), for respondent.

McDONALD and GROAT, JJ., concur; FANELLI, J., not voting.

Per Curiam.

The warrant, insofar as it directed a search of defendant's locker in a public high school, was vacated by the trial court. The search was illegal and cannot be justified upon the theory of consent on the part of the vice-principal of said school. Defendant had the exclusive use of the locker in question and the purported consent to search it was not binding upon him. The confession obtained from defendant, being the product of

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